Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63402 of 2022 Arising Out of PS. Case No.-558 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Deepak Kumar Son of Late Krishna Sah R/o Village - Mokama, Gaushala Road, Ward No.- 18, P.S.- Mokama, District - Patna ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 25(1-b)a, 26, 35 of Arms Act.

As per prosecution case, when the informant was on patrolling along with police party, they apprehended the petitioner and co-accused namely, Chandan Kumar. Thereafter, Rs. 18050/- cash has been recovered from possession of petitioner and one loaded country made pistol with one live cartridge from possession of co-accused.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. There is no specific evidence in respect of recovered cash that it

Patna High Court CR. MISC. No.63402 of 2022(2) dt.17-02-2023 2/2 was stolen money. It is further submitted that petitioner has no concerned with the recovery of loaded country made pistol and the same was recovered from the possession of co-accused Chandan Kumar. Moreover, the petitioner is languishing in judicial custody since 11.09.2022 Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Begusarai Town P.S. Case No. 558 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai.

(Sunil Kumar Panwar, J) Aman/Manish/- U T